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Illegal distribution of software
can subject a seller to arrest and felony charges with fines
up to US$250,000 and prison terms of up to 5 years.
In civil litigation against infringers
trafficking in or using ProForce Software Corporation product(s)
that are illegally distributed or reproduced, ProForce Software
Corporation can obtain the higher of its lost profits, the
infringer's profits, or statutory damages of up to US$100,000
per product, per infringement, in addition to recovery
of ProForce Software Corporations' attorneys' fees in the
action.
The names of persons responsible
for distribution of illegal ProForce Software Corporation
software are retained and ProForce Software Corporation will
seek criminal or civil prosecution of any repeat offenders.
No waiver of any rights is made
or intended by ProForce Software Corporation with respect
to first- time offenders.
ProForce Software Corporation
has, and will continue to pursue many first-time offenders.
ProForce Software Corporation pursues offenders regardless
of size or location.
In 1997, piracy cost the software
industry US$2.8 billion in the US alone. The downside of acquiring
pirated software are clear: pirated products can carry viruses
and often do not come with documentation; in addition, consumers
cannot receive upgrades or technical support for pirated software.
Please use our form to report suspected
software piracy. If you prefer to speak with an anti-piracy
representative, please call our toll free hotline: 1-800-651-5520.
If the information you provide turns into a corporate lead
and if we get the company to legalize (by buying genuine ProForce
software), ProForce will provide you with a free copy of any
software title we make.
Federal Piracy Press Release:
Click here
REPORT
PIRACY HERE
If I was instructed by
my employer to install illegal software onto company computers,
who could be held liable?
Under "vicarious liability" of
the US Copyright Act, an employer is liable for acts committed
by its employees when those acts are within the scope of their
employment duties. Another theory of liability is the doctrine
of contributory copyright infringement, whereby a party who
does not do an infringing act but who aids or encourages it
is liable for the infringement.
Can I take a piece of
software owned by my company and install it on my personal
computer at home if instructed by my supervisor?
A good rule of thumb to follow
is one software package per computer, unless the terms of
the license agreement allow for multiple use of the program.
But some software publishers' licenses allow for "remote"
or "home" use of their software. If you travel or telecommute,
you may be permitted to copy your software onto a second machine
for use when you are not at your office computer. Check the
license carefully to see if you are allowed to do this.
Is it legal to install
an original equipment manufacturer (OEM) version of software
on a computer other than the one in which the software came
with?
OEM software is only distributed
when sold with specified accompanying hardware. When these
programs are copied and/or sold separately from the hardware,
this is a violation of the contract with the publisher, and
therefore illegal.
Can I rent a piece of
software from a store?
The Software Rental Amendments
Act of 1990 (Public Law 101-650) prohibits the rental, leasing,
or lending of software without the express permission of the
copyright holder.
Can I purchase a single
licensed copy of a piece of software and load it onto several
machines?
This is known as "softlifting,"
which is contrary to the terms of a license agreement. This
includes sharing with friends and coworkers and installing
software on home/laptop computers if not allowed by the license.
Can I give or sell a
"backup copy" of a licensed program to other people?
A "backup copy" can be used for
"archival purposes only." This copy cannot be sold or distributed
to another party without the consent of the copyright owner.
What are the maximum
civil penalties for copyright infringement?
In the United States, the infringer
is liable for damages suffered by the copyright owner plus
any profits of the infringer that are attributable to the
copying or statutory damages of up to $150,000 for each work
infringed.
What are the maximum
criminal penalties for copyright infringement?
In the US, the infringer could
be fined up to $250,000 and jail terms of up to five years.
In 1997. An undercover FBI operation revealed that PWA operated
a major FTP website called "Sentinel" that allowed members
to download thousands of copyrighted software programs for
free.
Five of the PWA members are former
employees of Intel Corp., four of which were found to have
provided hardware capable of distributing the 5,000 software
titles that were present on the "Sentinel" site.
Are pirated software and other
forms of copyright infringement protected by the First Amendment?
The First Amendment is not a defense
for committing copyright infringement. Harper & Row Pub.,
Inc. v. Nation Enterprises, 471 U.S. 539, 105 S.Ct. 2218 (1985).
Conversely, copyright laws are not restrictions on free speech,
but instead provide protection to speech and expression. By
doing so, copyright laws seek to promote creativity and the
wide dissemination of ideas. Therefore, the unlawful reproduction
and distribution of copyrighted material is not protected
by the First Amendment and is considered copyright infringement
under Federal law. In addition, inducing, causing or materially
contributing to the commission of a direct infringement may
constitute contributory infringement under Federal law. Material
contained in a web site to promote a direct infringement in
this manner, may, therefore, constitute contributory infringement
and is not protected by the First Amendment.
Is there a knowledge requirement
for copyright infringement?
Copyright law is a strict liability
tort and does not require the entity committing the infringement,
or responsible for the infringement, to be aware that their
actions are in violation of law. The absence of knowledge,
or even intent, does not negate the infringement and is not
a defense. Contributory copyright infringement requires that
the entity know, or should have known, that they were inducing,
causing or materially contributing to the commission of a
direct infringement. Material or activity which promotes the
commission of an infringement, therefore, may constitute contributory
infringement. This type of activity is also not protected
by the First Amendment.
Conclusion
Applying these principles, server
operators have the legal right to monitor and prohibit publicly
displayed material if they believe it to represent an infringement.
Such activity by server operators would not constitute a violation
of the First Amendment because, in most cases, only the government
can violate First Amendment rights and because the First Amendment
is not a defense against copyright infringement. In addition,
server operators, regardless of knowledge, may be held liable
for copyright infringement. Finally, server operators who
protect against copyright infringement, by prohibiting certain
material that may represent an infringement, are acting in
a manner conducive to current law which does not violate the
First Amendment or place them in the role of a publisher.
Server operators may choose to act as publishers in other
capacities, but actively preventing a violation of law does
not place them in that role. Instead, it reduces their potential
liability by ensuring adherence to the law. n.
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